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Inspection Agreement


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Need some advise. I have an inspection next week were the buyers are overseas and their best friend is doing all the paperwork leading to the closing. The best friend hired our business and will be at the inspection, plus will be the person I give the inspection report too. My question is about the inspection agreement signature. Can a friend sign for the buyer. If they can, how is that done. Better yet, should I accept a inspection agreement without the buyer signature.

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No, not unless the friend has power-of-attorney that specifies that he/she can do that.

Call the friend, gently explain that your agreement needs to be signed by the person that's actually going to be purchasing the home and arrange to email or fax the contract to the friend overseas and have it faxed or emailed back to your before the inspection.

With today's technology that should be relatively simple.

ONE TEAM - ONE FIGHT!!!

Mike

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Need some advise. I have an inspection next week were the buyers are overseas and their best friend is doing all the paperwork leading to the closing. The best friend hired our business and will be at the inspection, plus will be the person I give the inspection report too. My question is about the inspection agreement signature. Can a friend sign for the buyer. If they can, how is that done. Better yet, should I accept a inspection agreement without the buyer signature.

If you have their email address and you email me your contract, I can send them the contract by email and have them sign it electronically. A couple of clicks by the buyers and you will have a completely legal enforceable contract.

Let me know if your interested.

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Why does the inspection agreement need to be signed by the buyer of the home? Can't it be signed by the person hiring me to do the inspection, or their authorized agent?

It can. But the buyer is the one who'll be relying on my report when he makes his decision to purchase the house. He's the one whose expectations I want to manage. And inspection agreements are all about managing expectations.

Since I'm interested in covering my customer's butt then I really need to communicate directly with the customer. When I communicate through intermediaries, I lose accuracy.

- Jim Katen, Oregon

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In those cases, I have the client send me an email stating they have received (via email) and have read the agreement, and that the terms of the agreement are fine & dandy/ducky-peachy with them. I also email them my applicable standards of practice (ASHI & state).

I save a copy of all such emails in their file.

Even so, I still can't believe Adam didn't win.

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Need some advise. I have an inspection next week were the buyers are overseas and their best friend is doing all the paperwork leading to the closing. The best friend hired our business and will be at the inspection, plus will be the person I give the inspection report too. My question is about the inspection agreement signature. Can a friend sign for the buyer. If they can, how is that done. Better yet, should I accept a inspection agreement without the buyer signature.

From what you wrote, their best friend is doing all the paperwork leading to the closing. If he is signing all the legal documents for them, he can certainly sign a home inspection contract. Just add something like - Each party signing this agreement warrants and represents that he/she has the capacity and authority to execute this agreement on behalf of the named party. If this agreement is executed on behalf of client by any third party, the person executing this agreement expressly represents to the inspector that he/she has the full and complete authority to execute this agreement on client’s behalf and to fully and completely bind client to all of the terms, conditions, limitations, exceptions, and exclusions of this agreement.

or something like that.

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I agree with having them sign electronically, if that makes you feel better.

I have a slightly different view of the situation. This is not rocket science, just home inspection. I can, and does, get a little complicated at times because we must know for whom we are doing the written report.

The only issue is a clear understanding of who you work for. You do not have to have a power of atty to sign on the behalf of the potential buyer, unless your contract somehow abridges their rights. Way more complicated then this discussion can cover.

Often I consider those inspectors that seem to want that contract to indemnify them, anticipate what is going to be done with the report, how the report will be used, etc.. Get permission to do the inspection and do it.

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Just like most other companies that offer this type of service - enter their email address, their name and upload the contract.

I went with DocuSign. Besides the basics, this program allows me to place tabs where I require a signature, initials, full name and Date signed. I then chose a tab for areas for optional initials (can I speak with their Realtor if their Realtor has any questions for example). There are other option such as data field, check boxes and drop down that can be used if somebody needed those options in their contract. It takes no more than a minute longer to add the tabs.

Most important, never had a client confused about the process and only had one client take their time in signing the contract.

Note: Never liked using the words "work for". I inform my clients that we "provide a service". The service we provide for is for the name(s) on the contract. A while back, A clients father wanted me to write a problem a certain way, I informed him that I wouldn't do that. He informed me that I worked for him (he paid). I informed him that we provide a service for his son and that service does not included exaggerating the problem.

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